to be hiding in yemen, and u.s. officials believe he's a significant operational figure with al qaeda. in court papers filed this morning, the obama administration said the case could require the disclosure of highly sensitive national security information. and that's why it want this is case dismissed. the obama administration is invoking its state privileges. the cleric is a u.s. citizen. joining us now by phone is jonathan turley, an expert on constitutional law at george washington university. and he also has experience as lead council in a state secrets case. all right, professor, i'm glad you could be with us. does this case merit a state secret privilege? >> well, i have to say, i find it questionable. because the indication really raises a very simple and threshold issue, and that is, can the president of the united states on his own authority simply say, i'm going to kill this citizen? now, obviously the administration has some very good reasons to want to capture him. but to do a targeted assassination of a citizen without any due process raises obvious concerns. but really before we